2014-06-25 CC Packet - Laserfiche WebLink

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ARTICLE VIII Liability and Insurance 8.1 The ACFPC is a separate and distinct public entity to which the Government Units have transferred all responsibility and control for actions taken pursuant to this Agreement. The ACFPC shall purchase and maintain such insurance as will protect ACFPC and its Government Units against risk of loss or damage to any ACFPC property, personal or real, and any improvements located thereon and against claims which may arise from the activities of the ACFPC and the construction, operation, use or maintenance of any ACFPC property and any other activities contemplated by this Agreement. The cost of any such insurance shall be included in the annual operating budget established pursuant to Attachment A hereto. The ACFPC shall defend and indemnify the Government Units, Members, and their officers, employees, and volunteers from and against all claims damages, losses, and expenses, including attorney fees, arising out of the acts or omissions of the ACFPC, Government Units or Members carrying out the terms of this Agreement. Nothing contained herein shall be deemed a waiver by any Member or Government Unit of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought against any Government Unit or Member shall be subject the maximum liability limits provided in Minnesota Statute, Section 466.04. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer to an officer, employee, or volunteer of any party for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. To the fullest extent permitted by law, action by the Government Units, Members and parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Government Units and Members that they shall be deemed a "single governmental unit" for purposes of liability as set forth in Minnesota Statutes Section 471.59, Subd. 1a(a), provide further that for purposes of that statute, each Member and party to this Agreement expressly declines responsibility for the acts or omissions of another party. The members and parties to this Agreement are not liable for the acts or omissions of another Member and party to this Agreement except to the extent that they have agreed in writing to be responsible for the acts or omissions of the other Members. Any excess or uninsured liability shall be borne equally by all Members, but this does not include the liability of any individual officer, employee, or volunteer, which arises from his or her own malfeasance, willful neglect of duty or bad faith. 8.2 Liability. Each party shall be responsible for its own acts and those of its elected officials, employees, agents, and subcontractors and the results thereof, and shall not be responsible for the acts of any other parry, its elected officials,employees, agents,or subcontractors and the results thereof,except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses (including reasonable attorney 5 16